Eliminating Dark Patterns: What E-Commerce Platforms Must Do

The Central Consumer Protection Authority has instructed e-commerce websites to conduct self-audits to identify dark patterns, Union minister BL Verma informed the Rajya Sabha on Tuesday.

Dark patterns involve using design and choice architecture to deceive, coerce or influence consumers into making choices that are not in their best interest. This encompasses a wide range of manipulative practices, such as drip pricing, disguised advertisement, bait and switch, and false urgency, according to an official release.

Such practices fall under the category of unfair trade practices as defined in the Sub-section 47 under Section 2 of the Consumer Protection Act, the minister of state for consumer affairs said in a written reply.

The consumer protection body issued an advisory on June 5, advising all e-commerce platforms to take necessary steps to ensure that their platforms do not engage in such dark patterns.

E-commerce platforms are to undertake this self-audit within three months of the issue of the advisory and take necessary steps to ensure that their platforms are free from such dark patterns.

Based on the self-audit reports, the e-commerce platforms are also expected to give self-declarations that their platform is not indulging in any dark patterns in order to ensure a fair digital ecosystem along with building trust between consumers and e-commerce platforms.

A joint working group, comprising representatives from ministries, national law universities and voluntary consumer organizations, was constituted for identifying the dark patterns and stakeholders to work together in creating a transparent, ethical and user-centric online environment.

These dark patterns also include, basket sneaking, confirm shaming, forced action, subscription trap, interface interference, nagging, trick wording, Saas Billing and rogue malwares.